HARENDER Vs. STATE

JUDGEMENT

(1.) APPELLANTS " Harender and Mahender impugn the judgment dated 02.12.2010 and order on sentence dated 06.12.2010 passed by learned Additional Sessions Judge in Sessions Case No. 37/10 arising out of FIR No. 238/09 Police Station Vivek Vihar under Section 307/34 of Indian Penal Code by filing aforesaid two appeals. Since both the appeals arise out of a common judgment as such they are taken up and disposed of together.

(2.) A petty quarrel over a seat in the train took a ugly turn resulting in grievous and dangerous injuries to the complainant, which is borne out from the prosecution case which reflects that on 28.12.2009, DD No. 8A was lodged in Police Station Vivek Vihar to the effect that Pawan Kumar son of Jagmal had been admitted in Dr. Hedgewar Hospital. On receipt of this DD, PW10 " ASI Bhgwat Prasad along with Constable Devender (PW9) reached at the hospital. Injured " Pawan (PW1) and eye witness Virender (PW3) met him. ASI Bhagwat Prasad recorded the statement of Pawan. Virender produced the weapon of offence i.e. a sua before PW10, who took the same into possession. PW10 prepared rukka and got the FIR registered. Subsequently, the investigation was handed over to SI Omkar Singh (PW8). Accused Mahender @ Guddu was arrested on the same day at about 8.30 pm near Loni Bus Stand on the identification of the complainant whereas accused Harender surrendered in the Police Station on 06.01.2010. After completing investigation, charge -sheet was submitted against the accused persons.

(3.) VIDE impugned judgment, learned Additional Sessions Judge observed that the prosecution had succeeded in establishing the guilt of the accused on the basis of testimony of the injured duly corroborated by PW3" Virender and the medical evidence. As such, accused were held guilty of offence under Section 307/34 of Indian Penal Code and were sentenced to undergo rigorous imprisonment for three (3) years and to pay fine of Rs.1,000/ - each and in default to undergo simple imprisonment for one month.